Monday, March 5, to Wed., March 8, 2018

Monday, March 5, 2018

• The Senate met Monday, passing the following bills:

-SB 1043, Sen. Paul Rosino and Rep. Lewis Moore, modifies the fee county clerks may charge for records. The bill eliminates the term "reasonable fee." The bill provides county clerks in counties with a population of less than 750,000 may charge a fee not to exceed $0.25 per image or $0.15 per image for providing more than 3,000 images in electronic format. The bill provides county clerks in counties with populations more than 750,000 may charge a reasonable fee not to exceed $0.25 per image or $25 per gigabyte for providing more than 100 megabytes of records in an electronic format. The bill passed 44-0.

-House amendments to SB 363, by Sen. David Holt and Rep. Terry O'Donnell, allow a person not eligible for pretrial release to be released upon order of a special judge under conditions prescribed by the judge. The bill was carried over from the 2017 regular session. The House's amendments were adopted by voice vote. The bill and its emergency clause passed 32 to 13. The bill now goes to Gov. Fallin for her consideration.

-SB 880, by Sen. Ron Sharp, changes entity responsible for the application process for a legislatively designated STEM Community or STEM Region from the Coalition for the Advancement of Science and Mathematics Education in Oklahoma (CASMEO) to the Department of Career and Technology Education. The bill passed 44-0.

-FS for SB 898, by Sen. Roger Thompson and Rep. Greg Babinec, expands the discussions allowed in public bodies' executive sessions to include matters involving safety and security at state penal institutions or correctional facilities used to house state inmates and contract negotiations involving contracts for which the public body has the duty to approve. It limits who can attend the executive sessions to board members, their staff and attorney and prohibits anyone who would benefit from the contract. The bill and its emergency clause passed 44-0.

-SB 960, by Sen. Julie Daniels and Rep. Earl Sears, requires the request for school districts to make payroll deductions for either or both professional organization dues and political contributions be made in writing, which may be emailed or faxed. It permits the request to be made at any time. It prohibits any school district policy or negotiated agreement from placing any other conditions or requirements, including but not limited to personal hand delivery, upon any employee to initiate or terminate any payroll deduction to a professional organization except for a written request. It declares any school district policy or provision in a negotiated agreement that places additional conditions or requirements on initiation or termination beyond those outlined null and void. It requires that a school district which fails to terminate payroll deductions for an employee to immediately reimburse the employee the amount of all payroll deductions made by the school district after the employee's request, and the amount due the employee shall double every 30 days until paid in full. The bill and its emergency clause passed 33-10.

-SB 999, by Sen. Greg McCortney and Rep. Scott McEachin, requires a student whose resident school district changes due to placement by a person or agency having legal custody of the child under a court order or by a state agency having legal custody of the child under Title 10A of the Oklahoma Statutes be considered a member of the school district upon enrollment. It exempts a student who is considered a member of the school district upon enrollment pursuant to the provisions of the bill from any waiting period to participate in extracurricular activities that are coordinated, supervised or regulated by a school athletic association as defined in statute. The bill and its emergency clause passed 43-1.

-SB 1088, by Sen. Frank Simpson and Rep. Pat Ownbey, defines the term "unmanned aircraft systems (UAS)" to mean any unmanned or uninhabited vehicle that is capable of either powered locomotion on the ground or powered flight in the air, or both, and that does not carry a human operator on or in the vehicle. It permits pipeline companies and utility companies and agricultural producers to use UAS to inspect pipelines, utility facilities and agricultural crops or livestock within the limits of their rights-of-way or property boundaries and may operate at an altitude that provides thorough inspection of the pipelines and utility facilities. The bill also permits pipeline operators and utility to companies to operate a UAS below 200 feet above ground level and beyond visual line of sight provided the operator stays within the limits of the rights-of-way or within the property boundaries; the operator is able to effectively and safely maintain positive control of the UAS; and the operator yields to and remains clear of any manned aircraft in the area. The bill passed 40-4.

-SB 1147, by Sen. Frank Simpson and Rep. Tommy Hardin, modifies the Department of Environmental Quality's jurisdictional area of responsibility to include development and utilization of policies and requirements necessary for the implementation of Oklahoma Groundwater Quality Standards to the extent that the implementation of such standards are within the scope of the department's jurisdiction, including but not limited to the establishment of points of compliance when warranted. The bill passed 35-10.

-SB 1153, by Sen. Stephanie Bice and Rep. Mark Lepak, allows the Department of Corrections to maintain a website that contains a description of all goods and services with the pricing of each item in lieu of preparing and distributing catalogs. It allows for the confidentiality of specified items. The bill and its emergency clause passed 44-0.

-SB 1298, by Sen. Dewayne Pemberton and Rep. Avery Frix, requires a court to submit clear and concise written findings specifying the factors considered in making a determination on visitation or custody of a child or children to be included in the final visitation or custody of order. It requires an order entered pursuant thereto to be an appealable order to a court of competent jurisdiction. The bill passed 45-0.

• Gov. Mary Fallin, legislative leaders, district attorneys and business leaders announced an agreement Monday that will allow six criminal justice reform measures to move forward in this year's legislative session, while also developing a coordinating council to oversee other criminal justice efforts.

Five of the six bills to remedy this problem began last year but failed to advance. Changes have been made on all six bills.

If the current trend continues, the state's prison system is expected to grow by nearly 60 percent over the next 10 years. Overcrowding and rapid growth projections had the Corrections Department requesting nearly $1.65 billion from the state for the upcoming fiscal year, tripling the agency's budget. Some $850 million was requested to build two 2,000-bed medium security prisons, one for men and one for women.

Legislative action is expected soon on the following bills in the package:

-HB 2281, by Rep. Terry O'Donnell and Sen. Greg Treat, modifies the penalties and fines associated with the unlawful delivery of goods, false personation, credit or debit card crimes, forged instruments or coins, larceny of lost property and theft of aircraft, automobile or construction equipment.

-HB 2286, by Rep. Terry O'Donnell and Sen. Greg Treat, states the legislative intent in relation to the Pardon and Parole Board. It requires any person in the custody of the Department of Corrections must serve one-fourth of the sentence before the application of earned credits or any other type of credits, such that no credits shall have the effect of reducing the length of the sentence to less than one-fourth of the sentence imposed for crimes committed on or after July 1, 2017. The bill modifies eligibility requirements for Board members. It requires the Board to include an administrative parole dock to each district attorney in the state. The bill modifies parole eligibility for persons in the Department's custody for a crime committed on or after July 1, 2017. It requires the Board to state on the record reasons for denying parole. It requires the Board to suggest a course of remediation for an inmate convicted of certain crimes outline therein if the inmate is denied parole. The bill requires the Board to consider provided information when determining the suitability of an inmate for parole. The bill requires a person in the custody of the Department whose parole consideration date is calculated therein, and is not serving a sentence of life imprisonment without parole or who is not convicted of an offense designated as a violent offense be eligible for administrative parole. It provides for administrative parole to be granted without a hearing if certain criteria are met. It provides procedures if such a person is granted parole. The bill requires parole eligibility for inmates described therein who is at least 50 years of age and has served at least ten years of their sentence.

-SB 649, by Sen. Greg Treat and Rep. Terry O'Donnell, modifies all references from the State Penitentiary to the Department of Corrections when relating to the Elderly and Incapacitated Victim's Protection Program. It prohibits a previous conviction for possession of a controlled dangerous substance or the equivalent law for possession of a controlled dangerous substance from any other jurisdiction may not be used to enhance certain punishments. It also establishes certain sentencing requirements.

-SB 689, by Sen. Greg Treat and Rep. Terry O'Donnell, makes an offender sentenced to life without parole for an offense other than a violent crime who has served at least 10 years of the sentence in the custody of the Department of Corrections eligible for a modification of the sentence by the judge who originally imposed the sentence or revocation of probation or, if the sentencing judge is unavailable, another judge in the judicial district in which the sentence was rendered. It permits the court to modify the sentence upon a finding that the best interests of the public will not be jeopardized. It moves the requirement for the implementation of procedures and rules for methods of establishing payment plans of fines, costs, fees, and assessments by indigents from the Court of Criminal Appeals to the Supreme Court. It requires they be based on income. It requires court to waive outstanding fines, court costs and fees if the offender has secured admission to and is enrolled in a state higher education institution, a technology center school or a workforce training program intended to expand further employment opportunities based on the equivalent value of the potential gross income of the offender as established by the minimum wage rate of the state upon the offender's completion of each 40- hour work week. It requires the Supreme Court to establish a pilot financial obligation payment program, to last for a minimum of three years, with programs in at least one rural district and one urban district to determine whether offenders can make consistent payments of their court-ordered financial obligations for two years in exchange for a waiver of the remaining fines, fees and court costs. It establishes requirements for the program. It modifies certain definition. The bill adds specialized caseloads for repeat offenders, offenders with convictions for sex crimes, offenders with conviction for domestic violence offenses and offenders with diagnosed mental health needs to the types of varying levels of supervision by the Department of Corrections probation officers or another qualified supervision source and cognitive behavioral treatment and any other programming or treatment needs as identified based on the results of the risk and needs assessment in community sentencing programs.

-SB 786, by Sen. Greg Treat and Rep. Ben Loring, provides that every person who breaks and enters on any commercial or residential property or any room, booth, tent, railroad car, automobile, truck, trailer, outbuilding or vessel of another, in which any property is kept, with intent to steal any property therein or to commit any felony, is guilty of burglary in the third degree. The bill establishes a penalty for burglary in the third degree.

-A sixth bill, yet to be identified, would revamp the drug structure, doing away with draconian penalties of the war on drugs, and base possession with intent to distribute based on weight.

• The Senate Appropriations committee met Monday and approved the following bills:

-SB 1016, by Sen. Wayne Shaw, requires, and if donated or purchased with contributed funds, local school superintendents and state agency administrative officials to place a durable poster or framed image representing the national motto of the United States, "In God We Trust;" an accurate representation of the U.S. flag, which must be centered under the national motto; and an accurate representation of the Oklahoma State flag. Sen. David Holt proposed an amendment to put the requirement on hold until teachers' average pay reached $42,000. The motion to adopt the amendment passed 26 to 9. There was no further discussion or debate on the bill and it received a do pass as amended and with title stricken recommendation from the committee.

-SB 1378, by Sen. Nathan Dahm and Rep. Scott McEachin, creates the Constitutional Heritage and Legacy Display Act. The bill requires, if donated or purchased with contributed funds, local school superintendents and state agency administrative officials to place a durable poster or framed image representing the national motto of the United States, "In God We Trust;" an accurate representation of the U.S. flag, which must be centered under the national motto; U.S. Declaration of Independence, the U.S. Constitution and the U.S. Bill of Rights and an accurate representation of the Oklahoma State flag. The bill permits the items to be displayed as they are received. The bill received a do pass recommendation with its title stricken.

-HB 1350, by Rep. Scott McEachin and Sen. Nathan Dahm, requires the Office of Management and Enterprise Services administrator to utilize monies from the Oklahoma State Capitol Building Repair and Restoration Fund to create a permanent inscription of the national motto of the United States, "In God We Trust", in a readily visible location in the visitor center of the Oklahoma State Capitol building. The bill authorizes the Attorney General to present a legal defense of the inscription if its legality or constitutionality is challenged. The bill states that the inscription's placement shall not be construed to mean that the State of Oklahoma favors any particular religion or denomination over others. The bill requires the placement and size of the display keep with the placement and size of the display of the national motto in the Tourist Information Center of the U.S. Capitol Building.

• Gov. Mary Fallin signed two bills Monday:

-SB 1582, by Sen. Eddie Fields, Sen. Kimberly David, Rep. Dennis Ray Casey, and Rep. Kevin Wallace, appropriates $19.9 million from the Unclaimed Property Fund to the Oklahoma Lottery Trust Fund to make up for the supplanting of education funds in FY2018 appropriations.

-HB 1022XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, appropriates $31.8 million from the FY2017 General Revenue Fund to the Oklahoma Health Care Authority to replace federal funds withheld due to the deferred federal financial participation expenditures claimed on the Quarterly Medicaid Statement of Expenditure. It appropriates $110.0 million from the FY2019 General Revenue Fund to the Oklahoma Health Care Authority to be distributed to Oklahoma State University and the University of Oklahoma for the benefit of the Deans Graduate Medical Education program; in the same ratio as such funds were provided for such purpose by the Oklahoma Health Care Authority in fiscal year 2017.

Tuesday, March 6, 2018

• The Senate met Tuesday and approved the following bills:

-SB 904, by Sen. Wayne Shaw and Rep. Bobby Cleveland, modifies the criteria for offenders to qualify to participate in state-funded community punishments. It removes offenders scoring in a range other than the low range on the LSI assessment and having at least one prior felony conviction. The bill passed 41-1.

-SB 905, by Sen. Wayne Shaw and Rep. Bobby Cleveland, repeals language that requires the Department of Corrections to make patrols through the town of Taft and the statement of legislative intent that the Department of Public Safety establish a permanent trooper position to be based and stationed in the town of Taft. The bill passed 42-1.

-SB 911, by Sen. Wayne Shaw and Rep. Ben Loring, creates, until Dec. 31, 2019, a 12-member task force to oversee an assessment and analysis of existing laws, policies and practices relating to sentencing throughout the criminal justice process. It requires the task force to submit a report of its finding and recommendations by Nov. 30, 2019, to the Governor, Senate President Pro Tempore and House Speaker. It establishes membership requirements. The bill sets meeting requirements. The bill and its emergency clause passed 43-0.

-SB 949, by Sen. Wayne Shaw and Rep. JJ Humphrey, excludes the Department of Corrections from conducting a presentence investigation when order by the court for an individual who has a prior felony conviction and is convicted of a nonviolent offense. The bill changes the requirement that a district attorney have investigation conducted by the Department of Corrections on each person charged with a violent felony offense and entering a plea of guilty or a plea of nolo contendere as part of or in exchange for a plea agreement for a violent felony offense to permissive language for such investigations. The bill passed 42-0.

-SB 997, by Sen. Dave Rader and Rep. Todd Thomsen, modifies the definition of the term "underground facility" in the Oklahoma Underground Facilities Damage Prevention Act to remove oil and natural gas pipelines that are subject to the Hazardous Liquid Transportation System Safety Act and natural gas pipelines subject to the jurisdiction of the Oklahoma Corporation Commission Pipeline Safety Department and by adding intrastate and interstate gas pipelines, as described in 49 CFR Part 192.1, intrastate and interstate hazardous liquid or carbon dioxide pipelines, as described in 49 CFR Part 195.1. The bill passed 41-2.

-SB 1019, by Sen. Lonnie Paxton and Rep. Kyle Hilbert, requires the Governor when a vacancy occurs in a U.S. Senate seat from Oklahoma to call a special election to fill the vacancy. The bill requires the special election to be held concurrently with the next regularly scheduled statewide Primary, Runoff Primary and General Elections. It requires the Governor to appoint a person to serve in the office until a successor is elected. The bill requires the special selection to fill the vacancy to be held concurrently with the next succeeding regularly scheduled statewide Primary, Runoff Primary and General Elections if the vacancy occurs within 30 days of the filing period for the election cycle and prior to the date of the General Election. The bill passed 34-9.

-SB 1078, by Sen. A J Griffin and Rep. Tim Downing, adds Fentanyl and its analogs and derivatives to the list of substances to which provisions of the Trafficking in Illegal Drugs Act apply. It provides a person found guilty of trafficking a one gram or more mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives will be punished by a fine not less than $100,000 and not more than $500,000. The bill passed 42-1.

-SB 1134, by Sen. A J Griffin and Rep. Leslie Osborn, permits Oklahoma Lottery Commission offices and employees whose duties require participation in investigations conducted to purchase lottery tickets only when part of an official lottery investigation that is approved in advance by the executive director or their designee. The bill prohibits any ticket purchased from being shared or assigned in any manner to an otherwise eligible participant. It also prohibits the officer or employee authorized to purchase a ticket from retaining any prize or winnings that may result from the winning ticket and from having a right to any prize or winnings. The bill passed 41-3.

-SB 1150, by Sen. A J Griffin and Rep. Tim Downing, requires a school employee who has reason to believe that a student is a victim of abuse or neglect to report the matter promptly to the Department of Human Services and to local law enforcement. It requires the reports be made via the department's anonymous hotline. The bill defines applicable terms. The bill requires the State Department of Education to promulgate necessary rules. The bill and its emergency clause passed 39-4.

-SB 1187, by Sen. Larry Boggs and Rep. Scott Fetgatter, changes the hunt application fee amount from $5 to $10 as it relates to controlled hunts. The bill also makes an exception for lotteries conducted by the Oklahoma Department of Wildlife Conservation. The bill passed 28-16.

-SB 1212, by Sen. Nathan Dahm and Rep. Sean Roberts, makes it unlawful to carry a firearm into a wildlife refuge or wildlife management area. The bill passed 44-0.

-SB 199, by Sen. Larry Boggs and Rep. John Pfeiffer, modifies the Combined Pesticide Law. The bill removes the definition of the term "temporary certified applicator." It allows the Oklahoma Department of Agriculture, Food, and Forestry to set the expiration date for licenses except for private applicators. It allows for multi-year licenses. The bill passed 37-5.

-SB 830, by Sen. A J Griffin and Rep. Pat Ownbey, requires the Director of Human Services take appropriate steps to ensure rules and policies are promulgated to conduct appropriate background searches of individuals both prior to and, if necessary, during their employment with the Department of Human Services. It requires the job categories within the agency subject to background searches prior to employment be determined at the Director's discretion. It specifies the scope of said background checks. The bill passed 40-0.

-SB 883, with title restored, by Sen. Roger Thompson and Rep. John Montgomery, extends to Jan. 1, 2022, the tax credit for fees paid by banks and credit unions under the Small Business Administration "7(a)" loan guaranty program. The bill passed 45-0.

-SB 894, by Sen. Adam Pugh and Rep. Lewis Moore, designates the bridge on Northwest 122nd Street over State Highway 47 within the municipal limits of Oklahoma City as the Silver Star Recipient Captain John Lee Prichard Memorial Bridge. It requires the Department of Transportation to cause suitable permanent markers bearing that name to be placed on the bridge. The bill and its emergency clause passed 44-0.

-SB 897, with title restored, by Sen. Roger Thompson and Rep. Leslie Osborn, modifies and limits the duties of the Incentive Approval Committee to determining the eligibility of all applicants for the Oklahoma Quality Jobs Program Act, subject to the applicable requirements. The bill repeals the Saving Quality Jobs Act. The bill passed 44-0.

-SB 910, as amended, by Sen. Nathan Dahm and Rep. Sean Roberts, clarifies language related to when a person in possession of a valid handgun license or who meets the criteria and presents a valid military identification card and is in compliance with the provisions of the Oklahoma Self-Defense Act is permitted to carry a concealed or unconcealed handgun by removing the term "bow" to a reference to scouting, hunting and fishing. The amendment clarifies that it is "scouting" as it relates to hunting. The bill passed 44-0.

-SB 972, by Sen. Frank Simpson and Rep. Pat Ownbey, requires the Oklahoma Health Care Authority to examine the feasibility of a state plan amendment to the Oklahoma Medicaid Program for diabetes self-management training (DSMT). It requires the authority to submit by Dec. 1, 2018, a report to the Senate President Pro Tempore, the House Speaker and the Governor estimating the potential costs to the state, clinical findings, reviews of pilot projects and research from other states on the effects of DSMT on persons with a diabetes diagnosis. It requires, beginning July 1, 2019, the authority draft a state plan amendment for DSMT for persons with a diabetes diagnosis if the report demonstrates DSMT to be evidence-based and essential to qualifying participants in the Oklahoma Medicaid Program. It defines the term "diabetes self-management training (DSMT)" to mean the process of facilitating the knowledge, skill and ability necessary for diabetes self-care and provides the process requires incorporating the patient's unique needs and experiences into an individualized education and support plan that promotes new behaviors and solutions, including, but not limited to, healthy eating, physical activity, self-monitoring and medication use. The bill passed 36-7.

-SB 979, by Sen A J Griffin and Rep. Pat Ownbey, modifies language related to court orders for medical support. The bill changes the term "health insurance" to "health care coverage" and modifies its definition to include additional types of coverage. It modifies the definition of the terms "cash medical support" and "reasonable in cost." The bill removes language for determining the manner in which health care coverage for the child is to be ordered. It requires the responsible parent to be order to pay cash medical support when there is no health care plan available for the child, the only health care plan available for the child is a governmental medical assistance program or health plan, or a party shows reasonable evidence of domestic violence or child abuse, such that an order for health care coverage is inappropriate and the disclosure of information could be harmful to a party, custodian, or child. It clarifies language related to the termination of cash medical support. The bill requires termination and reinstatement of cash medical support be according to rules promulgated by the Department of Human Services in Title IV-D cases. The bill passed 43-0.

-SB 1038, by Sen. Lonnie Paxton and Rep. Kyle Hilbert, permits a declaration of candidacy a candidate files a sworn affidavit that he or she had family income for the preceding calendar year not in excess of the federal poverty level to be accompanied by a cashier's check or certified check in the amount of 25 percent of the filing fees set forth in statute. It requires the State Election Board to prescribe the form of the affidavit. The bill permits any other candidate filing for such office may challenge the veracity of the affidavit by filing a contest of candidacy as provided by law. The bill requires the candidate filing the affidavit to provide documentation of family income as required by the State Election Board or county election board. The bill states the documentation will not be considered a public record. The bill provides that falsely swearing an affidavit of family income not more than the federal poverty level will be a misdemeanor. The bill passed 42-0.

-SB 1067, by Sen. A J Griffin and Rep. Carol Bush, modifies references to the Oklahoma Drug Court Act. The bill requires all participating treatment providers for a drug court program be certified by the Department of Mental Health and Substance Abuse Services or nationally accredited and be selected and evaluated for performance-based effectiveness annually by the department. The bill passed 44-1.

-SB 1143, by Sen. Adam Pugh and Rep. Mike Osburn, relates to payment of proceeds from sale of oil and gas production. It prohibits any delay in determining the persons legally entitled to proceeds from production caused by unmarketable title from effecting payments on that portion of a person's interest which is marketable. It modifies the interest rate for proceeds on unmarketable titles to 6 percent per annum through Nov. 1, 2018, and to the prime interest rate as reported in the Wall Street Journal for time periods on or after Nov.1, 2018. The bill passed 43-2

-SB 1180, by Sen. Larry Boggs and Rep. Jeff Coody, creates a lifetime combination hunting and fishing license for all nonresidents. It establishes the fee for this license to be $7,500. The bill passed 35-6.

-SB 1264, by Sen. Nathan Dahm, permits a suit to be brought against a county by naming a county officer identified in when it is alleged that such officer in his or her official capacity is directly or vicariously liable to plaintiff in an action not arising in contract. The bill provides a suit otherwise may be brought by naming the Board of County Commissioners. It permits the court in actions against the board not arising in contract, upon motion, to substitute a county officer identified in his or her official capacity for the board upon a showing that such county officer is better suited to represent and defend the county under the particular facts of the case. The bill and its emergency clause passed 43-0.

-SB 1288, by Sen. Jason Smalley and Rep. Michael Rogers, requires the State Board of Education to adopt a timeline for transition to an electronic delivery system. It allows a school district to choose to offer printed assessments by providing a request for approval and justification to the Board. It requires the State Department of Education to publish and make known the date by which districts choosing to offer printed assessments must make such request. The bill and its emergency clause passed 34-7.

Wednesday, March 7, 2018

• The full Senate met Wednesday and approved the following bills:

-SB 1023, by Sen. Greg McCortney and Rep. Todd Thomsen, authorizes the Council on Law Enforcement Education and Training (CLEET) to conduct full-time Basic Peace Officer Certification Academies and other law enforcement related training for individuals not commissioned or appointed by a law enforcement agency under rules established by the Council. It provides the tuition and/or fees for attending the Basic Peace Officer Certification Academies and/or other law enforcement related training will be at a rate established by CLEET and approved by the Council and that revenue from tuition and/or fees will be deposited in the Peace Officer Revolving Fund. It requires individuals not commissioned or appointed by a law enforcement agency that are trained in the Basic Peace Officer Certification Academies to meet minimum statutory requirements established for peace officers. It provides that any fees relating to meeting the requirements will be the responsibility of the individual. The bill requires individuals applying for the Academies to submit a fingerprint check to CLEET prior to acceptance. It authorizes the Council to promulgate necessary rules. The bill passed 41-1.

-SB 1409, by Sen. J.J. Dossett and Rep. Donnie Condit, now permits school counselors implement a comprehensive developmental school counseling program in the public school districts at which they are employed. It permits counselors spend at least 80 percent of their work time providing direct services to students. It defines direct services. It permits school counselors, during the remainder of their work time, to spend adequate time on school counseling program support activities that consist of professional development; consultation, collaboration and training; and program management operations. The bill and its emergency clause were approved 43-1.

-SB 888, with title restored, by Sen. Josh Brecheen and Rep. Jeff Coody, terminates the retailer ethanol tax credit on Nov. 1, 2018. The bill passed 38-5.

-SB 906, by Sen. Frank Simpson and Rep. Tommy Hardin, exempts the sale of motor vehicles from the purchase limit for the sales tax exemption for honorably discharged, 100 percent disabled veterans. The bill passed 43-0.

-SB 929, by Sen. Gary Stanislawski and Rep. Rhonda Baker, modifies the definition of terms in the State Aid Formula. It modifies the term "children with learning disabilities" to exclude learning problems that are primarily the result of visual, hearing or motor disabilities, of intellectual disability, of emotional disturbance or of environmental, cultural or economic disadvantage. It changes the term "deaf or hard of hearing" to "deafness" and defines it to mean a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a child's educational performance. It changes the term "educable mentally handicapped" to "intellectual disability." The bill adds the term "hearing impairment" and defines it to mean impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of "deafness." The bill and its emergency clause passed 44-0.

-SB 1042, by Sen. David Holt and Rep. Mike Osburn, modifies language related to the preparation of certain municipal financial information for the State Auditor and Inspector. The bill passed 44-0.

-SB 1130, with title restored, by Sen. Darcy Jech and Rep. Harold Wright, modifies the appointment of county election board secretaries. The bill requires the State Election Board to appoint the secretary of each county election board for a term of four years beginning May 1, 2019, and every four years thereafter. The bill increases county election board secretaries' salaries beginning May 1, 2019, and increases them again May 1, 2023. The bill clarifies language related to determining the number of registered voters. The bill passed 45-0.

-SB 1141, by Sen. J.J. Dossett and Rep. Chris Kannady, provides any state licensing or certification authority that fails to implement rules or laws for recognizing appropriate military training and experience for its occupational or professional licensing or certification process will be deemed in violation of the Post-Military Service Occupation, Education and Credentialing Act. The bill clarifies language related to licensing. The bill passed 44-0.

-SB 1185, as amended and with title restored, by Sen. Lonnie Paxton and Rep. Jon Echols, creates the Oklahoma Industrial Hemp Agricultural Pilot Program Act and provides legislative intent and defines related terms. The bill creates a pathway for registered persons to engage in the growth and cultivation of industrial hemp. It also allows for its sale under the pilot program. It prescribes a manner of registration for individuals wishing to grow and cultivate hemp. It requires a valid registration to be active for one year. The bill requires the Department of Agriculture, Food and Forestry to administer an industrial hemp grant research program so that institutions of higher education may conduct research, including but not limited to developing or recreating strains of industrial hemp best suited for Oklahoma growing conditions. The bill passed 43-1.

-SB 1237, by Sen. Micheal Bergstrom and Rep. Greg Babinec, adds investigating the possible inclusion in a federally-funded pilot program sponsored by the Federal Communications Commission relating to the use of cellular and electronic communication devices within the statewide network of prisons in Oklahoma to the duties of the Department of Corrections' Director. The bill also updates statutory references. The bill passed 42-2.

-SB 1269, by Sen. Eddie Fields and Rep. Harold Wright, clarifies language related to the date for general elections. It permits general elections to be held on the first Tuesday succeeding the first Monday of November, 2019, and every two years thereafter, at which time such offices shall be filled and such matters shall be referred to the people for their approval or rejection as may be set for such election as provided by law, provided if neither an election for statewide office nor an election on a measure to be submitted to the voters of this state for their approval or rejection is scheduled on such date, a statewide election shall not be held on such date. It removes language that prohibits a county, municipality or school district from scheduling an election on any date during the 20 days immediately preceding the date of any general election. The bill passed 36-8.

-SB 1367, by Sen. Ervin Yen and Rep. Dale Derby, prohibits a peace officer from taking a person into custody based solely on the commission of an offense involving prescription drugs if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances. The bill establishes criteria for making the determination. The bill provides a person who meets the criteria will not be subject to prosecution or receive a mitigated sentence for a drug offense or not have property seized or forfeited on the basis of a drug violation if evidence is obtained that they were seeking emergency medical assistance or intervening to prevent a drug overdose. It prohibits a person from initiating or maintaining an action against a peace officer or the employing political subdivision based on the officer's compliance or failure to comply with the bill's provisions. The bill passed 44-0.

• Senate Appropriations Chair Kim David presented several bills on behalf of Senate President Pro Tempore Mike Schulz and co-author, House Speaker Charles McCall. David said the bills were intended to increase the amount of money available for appropriations from the General Revenue Fund and to give lawmakers more flexibility in its funding decisions. Each bill limits the amount of revenue that will be deposited in specific revolving funds based on a three-year average. Any collections over that amount will be deposited in the General Revenue Fund, which is the largest source of money for legislative appropriations.

-SB 1420 modifies the apportionment of revenue to the Motorcycle Safety and Education Program Revolving Fund. It provides the revenue apportioned to the fund cannot exceed the three-year average of the revenue apportioned in fiscal years 2015, 2016 and 2017 and that any amount in excess of the average be deposited in the General Revenue Fund. The bill and its emergency clause passed 33-8.

-SB 1421 modifies the apportionment of revenue from the tax on tobacco products to the Department of Mental Health and Substance Abuse Services based on a three-year average of the apportionments for fiscal years 2015, 2016 and 2017. The bill and its emergency clause passed 35-8.

-SB 1411 modifies the apportionment of revenue to the Special Occupational Health and Safety Fund. It provides the revenue apportioned to the fund cannot exceed the three-year average of the revenue apportioned in fiscal years 2015, 2016 and 2017 and that any amount in excess of the average be deposited in the General Revenue Fund. The bill and its emergency clause passed 32-7.

-SB 1412 modifies the apportionment of revenue to from the Used Tire Recycling Indemnity Fund to the Department of Environmental Quality. It provides the revenue apportioned to the fund cannot exceed the three-year average of the revenue apportioned in fiscal years 2015, 2016 and 2017 and that any amount in excess of the average be deposited in the General Revenue Fund. It also modifies an additional apportion from the fund to the department and the Oklahoma Tax Commission, providing the revenue apportioned cannot exceed the three-year average. The bill passed 31-8 and the emergency clause passed 32-7.

-SB 1422 modifies the apportion of the motor fuel tax on compressed natural gas and diesel to the High Priority State Bridge Revolving Fund based on a three-year average of the apportionments for fiscal years 2015, 2016 and 2017. The bill and its emergency clause passed 34-7.

-SB 1423 modifies to the apportionment of the tax on freight cars to the Railroad Maintenance Revolving Fund based on a three-year average of the apportionments for fiscal years 2015, 2016 and 2017. The bill and its emergency clause passed 34-8.

-SB 1452 modifies annual apportionment of the cigarette tax. The bill and its emergency clause passed 35-8.

-SB 1569 by Sen. Mike Schulz and Rep. Charles McCall, provides that for any fiscal year for which the amount of revenue available for appropriation by the Legislature, as determined by the State Board of Equalization at its February meeting is less than the amount of revenue determined by the Board at its preceding June for the then-current fiscal year, any apportionment of revenue provided for by law to a fund or source other than the General Revenue Fund is to be reduced by the same percentage that the amount available for appropriation by the Legislature for the upcoming fiscal year is less than such amount for the then-current fiscal year. The bill directs the board to determine the amount of revenue available for appropriation at its February meeting each year, assuming apportionments of revenue to all sources as provided by law without an adjustment. It adds that if such amount is less than the amount determined by the Board at its preceding June meeting to be available for appropriation for the then-current fiscal year, the Board will make a finding that these provisions will be in effect. It directs the Board to then determine the amount of revenue available for appropriation assuming apportionments of revenue to all funds or sources other than the General Revenue Fund do not exceed the amount apportioned thereto for the then-current fiscal year and require the board to certify such adjusted amount as the amount available for appropriation by the Legislature. The measure and its emergency clause passed 36-7.

Other bills approved on Wednesday by the Senate include:

-SB 890, by Sen. Josh Brecheen and Rep. Sean Roberts, creates the Oklahoma Health Care Cost Reduction and Transparency Act of 2018. The bill defines applicable terms. It requires the State Department of Health to make available to the public on its website the most current price information it receives from hospitals and ambulatory surgical facilities. It requires any data disclosed to the department by a hospital or ambulatory surgical facility be and remain the sole property of the facility that submitted it. It requires any data or product derived from the data disclosed, including a consolidation or analysis of the data, be and remain the sole property of the state. The bill prohibits the department from allowing proprietary information it receives pursuant to the provisions of the act to be used by any person or entity for commercial purposes. It requires, beginning with the quarter ending June 30, 2019, each hospital that bills Medicaid provide to the department, utilizing electronic health records software, the following information about the one hundred most frequently reported admissions by diagnostic-related groups for inpatients, as established by the board on an annual basis, along with the related Current Procedural Terminology (CPT) and Healthcare Common Procedure Coding System (HCPCS) codes: the amount that shall be charged to a patient for each diagnostic-related group if all charges are paid in full without a public or private third party paying for any portion of the charges; the amount of Medicaid reimbursement for each diagnostic-related group, including claims and pro rata supplemental payments; and the amount of Medicare reimbursement for each diagnostic-related group. The bill passed 42-1.

-SB 925, by Sen. Roger Thompson and Rep. Mike Osburn, requires an agency that intends to contract to privatize a function, program, service, unit or division valued at $1,000,000 to perform a cost analysis and provide a copy of the report to the Office of Management and Enterprise Services. It modifies the responsibilities of an agency under the Oklahoma Privatization of State Functions Act. The bill passed 44-0.

-SB 926, by Sen. Dewayne Pemberton and Rep. Avery Frix, R-Muskogee, extends the days upon which employees may vote to include days on which in-person absentee voting is allowed. It requires an employee to properly notify his or her employer or an employer's representative on the day proceeding the day of the election of their intent to be absent or the day of in-person absentee voting. It requires the employer to select the days and hours in which employees are allowed to attend such elections. It requires employees not be subject to any loss of compensation or other penalty for such absence upon proof of voting. The bill and its emergency clause passed 43-3.

-SB 948, with title restored, by Sen. Kay Floyd and Rep. Donnie Condit, extends the period of in-person absentee balloting on the Friday immediately preceding any election from 9 a.m. to 2 p.m. to 9 a.m. to 5 p.m. The bill and its emergency clause passed 39-3.

-SB 975, by Sen. Josh Brecheen and Rep. Sean Roberts, requires each application for Medicaid assistance to contain a statement, under penalty of perjury, alleging that all matters stated in the application are true and correct. It provides language for the statement. The bill passed 41-3.

-SB 995, with title restored, by Sen. Dewayne Pemberton and Rep. Avery Frix, creates a misdemeanor punishable by a fine of $1,000 or imprisonment in the county jail for a period of not more than six months or both for a person who knowingly and willfully makes a false or fraudulent claim to be a recipient of awards, medals, ribbons, decorations and/or badges which were conferred for valor, heroism and/or combat service in order to obtain compensation, benefits or services of any value; a person who knowingly and willfully makes a false or fraudulent claim to be a recipient of awards, medals, ribbons, decorations and/or badges which were conferred for valor, heroism and/or combat service in order to gain employment with any business, entity or establishment which, under its hiring policies, grant favorable credit or qualifications to those persons who list prior military service on their resume; and a person who knowingly and willfully makes a false or fraudulent claim to be a recipient of awards, medals, ribbons, decorations and/or badges which were conferred for valor, heroism and/or combat service in order to obtain services, merchandise and/or any valuable item at reduced, discounted or no monetary expenditure. It creates a felony for a person convicted of subsequent violations to be pushed by a fine not to exceed $5,000 and imprisonment in the county jail for not more than one year. The bill passed 41-0.

-SB 1190, by Sen. Gary Stanislawski and Rep. Dennis Ray Casey, removes language related to the purpose of the Reading Sufficiency Act and language regarding recognition of certain schools. It requires the State Board of Education ensure that, at a minimum, students are able to meet the following criteria: read and comprehend grade level text and identify main ideas and key details and directs the board to only use the scores based on the standards for reading foundations/processes and vocabulary portions of the statewide third-grade assessment administered and prohibits the use of scores from the other language arts portions of the assessment. The bill and its emergency clause passed 42-0.

• House Speaker Charles McCall was chosen again Wednesday by the House Republican Caucus to be its nominee for speaker in the 57th Legislature. If reelected speaker in January 2019, when lawmakers hold their organizational day, McCall will become the first Republican speaker to serve two full terms. Two Republican predecessors, former speakers Jeff Hickman and Chris Benge, each served part, but not all, of a second term. McCall was first elected to the House in 2014 and has two terms remaining.

Thursday, March 8, 2018

• The full Senate met on Thursday for a day of floor work and approved the following legislation:

-SJR 70, by Sen. Stephanie Bice and Rep. Elise Hall, proposes a vote of the people on a constitutional amendment that expands the uses of certain ad valorem taxes levied by a school district for operations. The measure passed by a vote of 34-8.

- SB 1398, a companion bill to SJR 70, also by Sen. Stephanie Bice and Rep. Elise Hall, authorizes the use of school district building funds to be used for district operations. The measure passed 34-8.

-SB 913, by Sen. Mark Allen and Rep. Greg Babinec, authorizes any sheriff or salaried deputy trained by the Size and Weight Permit Division of the Department of Public Safety to stop and weigh any vehicle with a scale certified by the Department of Public Safety upon any county road. It prohibits any county sheriff or deputy sheriff enforcing size and weight provisions for motor vehicles from exceeding the scope of authority of standards for size and weight enforcement established by the Department of Public Safety, which includes but is not limited to the number of citations issued per offense. It requires that the sheriff department receiving training and/or scale certification be charged by and pay to the Department of Public Safety for the training and scale certification. It removes the authority of the Oklahoma Corporation Commission officers to make such stops and weigh vehicles. The bill and its emergency clause passed 40-0.

-SB 922, with title restored, by Sen. Frank Simpson and Rep. Tommy Hardin, requires the Oklahoma Department of Veterans Affairs to establish the Oklahoma Women Veterans Program that will be housed within the office of the executive director. It provides the mission of the program will be to ensure that women veterans in the State of Oklahoma have equitable access to federal and state veterans' benefits and services. It requires the executive director to designate a women veterans coordinator for the State of Oklahoma. The bill establishes the program's requirements. It permits the department, on behalf of the program, to accept and spend funds appropriated to the department for the operation of the program and received from other sources, including donations and grants and to provide matching grants to assist in the implementation of the program's goals and objectives. It requires the department not later than Nov. 1 of each even-numbered year to submit to the Governor, Lieutenant Governor, Oklahoma Veterans Commission and the Legislature a report on women veterans in the state. The bill permits the report to be delivered electronically and establishes requirements for the report. The bill authorizes the Oklahoma Veterans Commission to promulgate necessary rules. The bill passed 41-0.

• SB 932, with title restored, by Simpson and Hardin, permits any Oklahoma Department of Veterans Affairs employee to be granted administrative leave with pay for volunteer service activities under such terms and limitations as the Executive Director may establish, in service to veterans or dependents of veterans in the state that meet one or more of the following criteria: The activity is directly related to the Department's mission; the activity is sponsored or sanctioned by or in partnership with the Department; or the activity will enhance the development or skills of the employee in his or her current position. It requires the leave be as brief as permitted under the circumstances and not support an activity otherwise prohibited by law while in a duty status. The bill requires the agency's executive director to establish guidelines for approval of administrative leave for volunteer service which balances the department's goals and operations and ensures that each is conducted efficiently and effectively. The bill passed 41-0.

-SB 944, with title restored, by Sen. Stephanie Bice and Rep. Ryan Martinez, requires the Office of Management and Enterprise Services' Division of Central Accounting and Reporting to establish a mandatory training program to identify and certify certain Oklahoma state agency employees as financial managers, including those who oversee purchasing, finance and other vital fiscal functions of state agencies. The bill permits the division to assess a fee to state agencies for such training that does not exceed each state agency's pro rata share of the costs the division incurs to provide the training. The bill passed 41-0.

-SB1017, by Sen. Wayne Shaw and Rep. Ben Loring, requires a court, when it is in the best interest of a minor child in awarding or modifying the custody of the child or in appointing a general guardian for the child, to encourage parents to promote and facilitate a close and continuing relationship between the child and both parents and to minimize exposure of the child to parental conflict and to communicate and cooperate in matters relating to the child. The bill passed 36-5.

-SB 1081, with title restored, by Sen. Stephanie Bice and Rep. Mark Lawson, establishes the Children's Trust Fund of Oklahoma to provide grants to private nonprofit organizations in order to stimulate a broad range of innovative programs, efforts and activities that will improve the lives of Oklahoma's most vulnerable children. It permits the fund to accept gifts, donations and bequests from any person, foundation or entity. It requires the Oklahoma Commission on Children and Youth to administer the fund and for it to be governed by the Commissioners of the Oklahoma Commission on Children and Youth and the Parent Partnership Board associated with the commission. It requires the commission to promulgate certain rules. It requires all funds to be distributed through a competitive bid process and for awards to be made on an annual basis with a maximum of five years for renewals. It establishes guidelines for organizations to receive the awards. The bill requires the State Treasurer to direct investment of the funds and to annually prepare an accounting of revenues and expenditures from the Trust Fund. It establishes requirements and limitations for expenditures from the Trust Fund. The bill passed 40-0.

-SB 1109, by Sen. Jack Fry and Rep. Greg Babinec, permits the Department of Corrections to keep confidential the following information: Personal medical information that is not already public; personal information, excluding name of the person, of any individual listed as a family member or a visitor to the inmate, including the address, phone number, date of birth, license plate number and driver license number; personal information of the victim or victims of the inmate, including their name, address, phone number, date of birth, driver license number and license plate number; any information that would identify minors under the age of 16; personal banking and financial information; and program, education and treatment records. The bill passed 41-0.

-SB 1124, by Sen. Ervin Yen and Rep. Dale Derby, requires pain management clinics to register with the Board of Medical Licensure and Supervision. It creates registration procedures and procedures for revocation and suspension of registration. The bill creates pain management clinic physician responsibilities and quality assurance requirements and provides for penalties for failing to meet such requirements. The bill passed 38-2.

-SB 1220, by Sen. Greg McCortney and Rep. John Enns, requires each assisted living center to annually provide to each of its residents, no later than September 1 of each year, educational information on influenza disease and specifies contents. The bill does not mandate assisted living centers to pay or provide for annual flu shot to residents. It prohibits a person from having a cause of action for any loss or damage caused by any act or omission resulting from providing or the lack of providing educational information required. It prohibits the license of the assisted living center from being affected due to the providing or lack of providing the educational information required. The bill passed 31-10.

-SB 1305, with title restored, by Sen. Roger Thompson and Rep. Pat Ownbey, modifies language related to prison capacity. It requires certain actions when capacity reaches 95 percent of capacity as certified by the Department of Corrections rather than maximum capacity. It requires, rather than permits, the Pardon and Parole Board to consider certain inmates for possible release. The bill passed 33-0.

• The Senate Business, Commerce and Tourism Committee approved five of Gov. Mary Fallin's executive nominations on Thursday, as follows:

-Darryl Baskin, of Tulsa, reappointed to the Committee of Home Inspection Examiners. His nomination was carried by Sen. David Rader, R-Tulsa. He will serve a three-year term to end June 30, 2010.

-Suzanne Barnes, of Edmond, to the Commission on Consumer Credit, to serve a five-year term ending Jan. 1, 2023. Her nomination was carried by Sen. Greg Treat, R-Oklahoma City.

-David Greenwell, of Oklahoma City, to the Oklahoma Accountancy Board, to serve a five-year term ending June 30, 2023. His nomination was presented by Sen. Stephanie Bice, R-Oklahoma City, on behalf of Sen. Paul Rosino, R-Oklahoma City.

-Mark Kelly, of Oklahoma City, to the Oklahoma State Credit Union Board, to serve a four-year term ending Oc. 1, 2022. His nomination was carried by Sen. Ervin Yen, R-Oklahoma City.

-Jay "Pat" McGlamery, from Porum, to the Committee of Home Inspector Examiners, to serve a three-year term ending June 30, 2021. The nomination was carried by Sen. Roger Thompson, R-Okemah.

• Gov. Mary Fallin signed the first policy bill of the 2018 regular session Thursday when she approved SB 363, by Sen. David Holt and Rep. Terry O'Donnell, The bill allows a person not eligible for pretrial release to be released upon order of a special judge under conditions prescribed by the judge. The bill was carried over from the 2017 regular session and consideration of its House amendments was pending in the Senate. The Senate adopted the House's amendments were by voice vote. The bill and its emergency clause passed the Senate 32 to 13 and passed the House by a vote of 87-0 on Feb. 14. The bill took effect immediately upon Fallin's signature Thursday.

Other News

• The Legislature was given an April 2 deadline Thursday for a teacher and support staff pay raise. Oklahoma Education Association President Alicia Priest said her organization is demanding new revenue to fund a $6,000 increase this fiscal year for teachers, as well as a $2,500 increase for support staff along with $75 million in restored education funding by the April 1 state-mandated deadline to fund education. Priest said the OEA is not telling the Legislature how to find the funding, but it expects a budget meeting teacher demands by April 2.

Senate Pro Tempore Mike Schulz, said during his weekly press briefing he gives the teacher pay raise a 50 percent chance of passing. The Senate leader pointed out that the Senate has passed out budget packages on numerous occasions with enough of a majority to cover a $5,000 teacher pay increase and the Senate is still supportive of that.

Speaker of the House Charles McCall, also said House Republicans have passed numerous teacher pay increase bills. McCall brought up two measures currently moving through the House and Senate that would help bring in additional revenue, including HB 2403, which is waiting to be heard by the Senate. The measure, authored by Rep. Leslie Osborn and Sen. Kimberly David, sets a $17,000 limit on the net amount of itemized deductions, excluding contributions to charitable organizations, allowed on an Oklahoma individual tax return for tax years 2017, 2018 and 2019.

• February's gross state revenue receipts grew by 15.5 percent from the same month one year ago and reflect an increasing growth rate in collections over the past year, State Treasurer Ken Miller reported this week. For 13 of the past 14 months, monthly gross receipts have increased over the prior year, according to Miller's reports. During that time, the monthly rate of growth has risen from 0.5 percent in January 2017 to February's 15.5 percent.

February gross receipts show increases in collections from individual income, sales, and gross production taxes. Decreases are seen in corporate income and motor vehicle tax collections. The bottom line for the month is up by $117.8 million over February 2017. Collections from the past 12 months compared to the previous 12 months show growth in every major revenue stream except for corporate income tax. Total 12-month collections are up by $929.3 million or 8.6 percent.

• Gov. Mary Fallin signed the last two bills remaining on her desk from the second special session Tuesday.

-HB 1034XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, imposes a $5 million annual cap on the income tax credits for coal production for tax years beginning on or after Jan. 1, 2018. It requires the Tax Commission to calculate and publish annually a percentage by which the credits will be reduced so the total amount of credits used to offset tax or paid as a refund does not exceed $5 million. It establishes the formulas for the calculation. It permits the credits to be carried over until fully used.

-HB 1036XX, by Rep. Dennis Ray Casey, Rep. Kevin Wallace, Sen. Eddie Fields and Sen. Kim David, imposes $2 million annual cap on income tax credits for railroad reconstruction expenditures for tax years beginning on or after Jan. 1, 2018. It requires the Tax Commission to calculate and publish annually a percentage by which the credits will be reduced so the total amount of credits used to offset tax or paid as a refund does not exceed $5 million. It establishes the formulas for the calculation.

• Republican Brad Boles won Tuesday's special election to claim the House District 51 seat. Boles, from Marlow, succeeds former Rep. Scott Biggs, who resigned in November to accept a federal appointment. Boles becomes the 72nd member of the House Republican Caucus. Republicans outnumber Democrats 72-to-28 in the chamber. The House will complete the 56th Legislature with one vacancy after former Rep. Casey Murdock, R-Felt, was elected to the Senate in February. Special elections are not held when a vacancy is set to be filled later in the year by a general election. Murdock's former seat, along with all those in the House, will be on this year's ballots.